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A Pioneer WANT AD Will Do It. OYAMA STILL DELAYS JAPANESE COMMANDER TAKING PLENTY OF TIME TO MATURE PLAN OF ATTACK. REINFORCEMENTS FOR KUROPATKIN INFANTRY AND ARTILLERY BE- ING RUSHED TO THE RUS- SIAN GENERAL. WAR DISPATCHES SUMMARIZED. The expected battle between the Russian Manchurian army and Marshal Oyama's forces has not yet occurred and the day's advices do not indicate any developments of an important character on the part of either army. St. Petersburg dispatches say that Kuropatkin is constantly receiving re inforcements, especially artillery, but the military critics express doubt whether he contemplates more than a passive resistance at Mukden. The opinio^ seems general that the next battle of a decisive nature will occur at Tie pass. Lieutenant General Stoessel reports that the Japanese losses in the at tacks on Port Arthur from Sept. 19 to 22 were 10,000 men. He adds that the Japanese are now working actively and approaching by entrenchments and a tunnel. The success of the Rus sian resistance at Port Arthur is be lieved in St. Petersburg to have a bear ing on Oyama's failure to attack Ku ropatkin. JAP VERSION DIFFERS. Russians Failed to Burn Junks on the Hun River. Tokio, Oct. 6.The Japanese report on the Cnangtan junk incident is in direct coutiadiction to the Russian ver sion. The Japanese report says that on Sept. 30 forty or fifty of the enemy's cavalry attempted to burn a number of the junks north of Cnangtan. Our patrol on both sides of the Hun river fired on and dispersed the Russians. It is further stated that no Japanese ammunition is being transported on the Hun river above Cnangtan. It is said that the attempted burning of the junks was to prevent the Japanese from utilizing them. A dispatch from St. Petersburg Oct. 1 said that on Sept. 30 a detachment of Russian cavalry drove the Japanese from the village of Cnangtan and burned seventeen junks which were transporting ammunition on the Hun river. The cavalry retired, it was stated, on the approach of the Japan ese reinforcements. Tokio, Oct. 6.It is evident that the country which is embraced by an ir regular triangle, the apex of which is Tie pass, with the base running from Mukden to Fushun, on the upper reaches of the Hun river, will soon be 6 '-'JiS,- 1V**\"*'WH f" tne tneater oi extended ana extensive military operations. The Russians apparently are using Tie pass as their main base and are constructing a series of defenses to shield it from the south and the east. Two roadways approach Tie pass troni the south. One of these roadways is the main highway from Mukden and the other, which is smaller, starts at Fushun and winds through a hilly country. Nineteen miles north of Mukden is the town of Yilu, the south ern and eastern approaches to which are sheltered by sharp ridges, offering a natural protection. It is repotted bore that the Russians are strongly in trenching in these ridges and are erecting semi-permanent fortitic ations. The Yalu river, which is shallow and fordable, runs through the town. The Russians are reported to be for tifying the right bank of this river be tween Yilu and Tahaitun, fifteen miles to the northward. Several lines of ridges cross the road and it is said that the Russians are erecting works on many of these eminences between Ta haitun and Tie pass. For. some seven miles the country, generally speaking, is fiat, although commanding the road way from the eastward is a hill 1,000 metres in height, which the Russians are fortifying. A range of hills flanks Tie pass on the eastward. The Russians are holding Fushun with a heavy force and it is believed they are erecting works along the road from that place to Tie pass. This defensive work of the Russians and the disposition of their forces strengthens the belief that General Ku ropatkin merely intends to retard Field Marshal Oyama in his crossing of the Hun river and to give battle on the ground which he is now hurriedly for tifying. VIGOROUSLY DENIES CHARGES. Kuropatkin Says Imperial Tombs Re main Intact. St. Petersburg, Oct. 6.General Ku ropatkin, in a dispatch to the em peror, vigorously denies the charges made by the Chinese government that the sanctity of the imperial tombs and graves near Mukden had been violate 1 fey the Russian troops. Jap Contractors Killed. New York, Oct. 0.Eight Japanese contractors engaged in recruiting Ko rean laborers at Kokean, 150 miles south, close to the line of the Seo'-l and Fusan railway, have become in volved f.n a fight with a Korean mob, according to a Herald dispatch fiowi Seoul. All the contractors were killcj but one. Certain Lands Which Were Placed in Duluth District. Washington, Oct. 6.Upon the rec ommendation of Secretary of the In terior Hitchcock the president has signed an order restoring to the Cass Lake (Minn.) land district certain lands which were transferred to the Duluth district by executive order of May 2St, 1903. This action of the pres ident disposes of a question which has been under consideration in the inte rior department for some time. When the transfer was made under the for mer order it was thought that it would be to the advantage of the public at large, but since then it has been dem onstrated that because of the accessi bility of Cass Lake the public inter ests would be best subserved by re voking the order of 1903 and again placing the lands referred to under the jurisdiction of that district. O'Leary 6 1 Bowser Underwear Dept. Complete. MEN'S and BOY'S LADIES' and MISSES' CHILDREN and INFANTS O' E A (L BOWSER: ""J'*""*'*'? VOLUME 2. NUMBER 144. BEMIDJI, MINNESOTA, THURSDAY, OCTOBER 6, 1904. Nothing adds so much to the goods looks of man to the correctness of his at tire as well fitting trousers BS LA FOLLETTE WISCONSIN SUPREME COURT DE- CIDES REPUBLICAN FAC- TIONAL CONTEST. CHIEF JUSTICE C'SSODAY DISSENTS PINION HOLDS STATE CENTRAL COMMITTEE HAS ENTIRE JURISDICTION. Madison, Wis., Oct. 6.The supreme court has decided that the La Follette state ticket is regular. Three judges, Marshall, Dodge and Winslow, were for the La Follette faction, while Chief Justice Cassoday dissents. The opin ion will be filed later by Justice Mar shall. After setting forth the facts alleged in the complaint and answer the decision continues: FirstControversy shown to exist by foregoing sufficiently concerns pre rogatives of state and affects liberties of people to be within original juris diction of this court. SecondSuch controversy is of so grave a character and of such public importance as to warrant this court in exercising its original jurisdiction to determine right of matter so far as the door is open for it to do. so. ThirdSince the question presented merely involves the duty of the secre tary of state in performance of an act expressly enjoined by law it is a judi cial one. FourthFor the present case, the time not having arrived when the sec retary of state is required to make certification of nominations, by gen eral rule there is no remedy at law by mandamus hence action, if main tainable at all, is properly brought in equity, if the legislature has not fur nished another and exclusive remedy. FifthThe legislature intended to provide for settlement out of court of all questions between factions of a party concerning the right to the party name upon official ballot by section 35, Wisconsin statutes, in these words: Statutes Cover the Case. "(A) In case of a division in any political party and a claim by two or more factions thereof to the same party name, the officer with, whom the certificates of nomination are required to be filed shall, In certifying such nomination or preparing ballots, give preference of name to the convention or caucus thereof held pursuant to the call of the regularly constituted party authorities, and if the committee rep resenting the other factions presents no other party name such officer may designate the same in such manner as will best distinguish the nominations thereof. "(B) When two or more conven tions or caucuses shall be held and the nominations thereof ce:tified, each claiming to be the regulation conven tion or caucus of the same political party, preference in designations shall be given to the nominations of the one certified. the committee which had (& W. PANTS are right in fit and in hang and in those points, too. that mean good wear Couldn't be better if made to jour measure. Nothing in boy's clothes out of which your young ster can get so much com fort and enjoyment as SWEATERS Also can fit a boy from heud to foot. 4. 7.^-\ The Bemidji Daily Pioneer been officially 'certiiiecTTk be" author ized to represent the party." SixthThe first clause -provides for a case where only one or two or more conventions is claimed ti have been held upon call of regular1 party com mittee and the identity ot that one is, therefore, not in doubt. The second clause provides for a ca.te where all conventions are claimed to have been held pursuant to the call of such and the same committee by cieating a tri bunal to decide for guidance for the secretary of state which set of nomi nees is regular and, therefore, entitled to the use of the party naMe, such tri bunal possessing by familiar rules ex clusive and final jurisdiction, save as hereafter stated. Claim to Same Party, Name. SeventhThe first clause of section 35, statutes of 1898, cannot apply to this cause because the dominant feature thereof is existence of a mul tifarious "claim to the same party name," determinable, as before indi cated, by the certifying officer from his own records, showing the neces sary source of regularity.'"' EighthWhile the dominant feature of such first clause is the existence of a multifarious "claim to the same party name," one of such claims only being based on the "call of the regu larly constitute! party authorities," the dominant feat me of the second clause is the existence of a multifa rious "claim to the same party name," based on a like claim to the. regularity of the party convention, each of the claimants referring necessarily to the "call of the regularly constituted party authorities," as in the case iA hand. Ninth The instant Controversy comes clearly within the second clause of said, section 35, answering as it does every call thereof. (A) Two conventions were held. (B) Each of said conventions made nominations. (C) Such nominations were duly certified. ,f (D) Each of said 'Conventions claimed to be the regular convention of the Republican party. Central Committee Supreme. Tenth It was competent for the leg islature, in authorizing an official bal lot and granting to the par^y nominees a right to have their names placed thereon under the party designation, to subject that, right, in case of contro versy between two or more sets of nominees, each claiming the same and such designation, to decision of the party tribunal as in said section 35. EleventhThe creation of a tribunal to determine such controversies, no provision being made for a judicial re view of its decisions, necessarily makes its jurisdiction exclusive and its decisions unimpeachable, except for jurisdictional defects r"U TwelfthThe tribunal answering the call of said section 35 is- found tc exist in the Republican tate central committee, elected at the state conven tion of 1902, and duly certified to the secretary of state under section 31 of the statute, therefore jurisdiction of this court Is limited to deciding whether such committee was or is without jurisdiction because of bias or interest, of some of its members, or whether its decision is affected by ju risdictional defects. ThirteenthSuch tribunal, though required to act judicially, being an administrative rather than a judicial body, bias or interest of its members does not disqualify them nor affect its jurisdiction. FourteenthThe decision of the na tional Republican convention as to which of the two sets of delegates from this state claiming the right to represent the Republican party there of in such convention was entitled to recognition Was Not of Any Significance as a guide to the secretary of state or to the committee authorized to de termine factional dispute under said section 35, since exclusive jurisdiction thereof, as regards the official ballot law, was conferred by the legislature upon the latter as a special tribunal, as beiore indicated. FifteenthAs soon as the nomina tions were made by the conventions and duly certified he rights of nomi nees" to places upon the official ballot under the designation "Republican ticket" became vested in them as rep resentatives of their respective organ izations, subject to the decision of the special tribunal aforesaid, as to which of the conventions was regular and such right could, therefore, not be in any way affected by the determination of any other tribunal. SixteenthSection 35 of the statutes contemplated in all cases mentioned therein of conflicting claims to the use on the official ballot of a particular party designation that one set of the claimants shall be given preference thereto and each of the others have a place upon the ballot under a designa tion sufficiently different from that ac corded to the rightful claimant of the particular designation to enable the electors to distinguish such set of ir regular nominees fom the regular nom inations. La Follette Ticket Regular. SeventeenthThe tribunal created by law to determine the factional dis pute in question for the guidance of the secretary of state having assumed jurisdiction thereof and decided, free from jurisdictional infirmities, that the nominations headed by Robert M. La Follette for governor are entitled to preference in respect to the use upon the official ballot of the name "Repub lican ticket," it is the duty of the sec retary of state to act accordingly, cer tifying both sets of nominations to the various county clerks, but giving to those headed by Robert M. La 'Follette for governor preference as aforesaid. EighteenthThe foregoing conclu sion follows logically and necessarily from the legal aspects of the case be fore stated.. What the real right of the matter in dispute might be found to be were this court permitted to disre gard the decision of the special tri bunal and investigate and determine the merits of the controversy from that standpoint, the court has no right I to decide or suggest. Duly constituted authority having spoken within its ju- risdMion it must be conclusively pre sumed to have spoken rightly. Both the motion of plaintiff and that of the defendant are denied and the cause is dismissed for want of suffi cient facts appearing to constitute a cause of action. &J At the state convention held May 18, last, 1060 delegates were given seats! of these &51 JEflra naconteated j^^mmm^mm^n and r08~conTesT:edV'Of the uncontested 515 1-3 were for La Follette. The state central committee, being of La Follette sympathy, seated but 43 contested "stalwart" delegates, giving La Fol lette a majority. The "stalwarts" charged unfairness, bolted, nominated a separate ticket and went to the su preme court to compel the secretary of state to put the "stalwart" ticket in the regular Republican column on the official ballot. LA FOLLETTE PEOPLE REJOICE. Stalwart Candidate Will Withdraw From Ticket. Milwaukee, Oct. 6.There was re joicing in the quarters of the La Fol lette state central committee in this city upon receipt of the decision of the supreme court. At the "stalwart" headquarters Chairman Goldin an nounced that he had no statement to make at the present time. It is known that Samuel A. Cook, who heads the '"stalwait" ticket, will withdraw, he having made a statement to that effect a short time ago in case the decision was unfavorable to his cause. The state central committee has the power to fill the vacancy, but what will be doue will not be known until the com mittee takes action. s- -vr International Peace Congress Calls Upon Russia and Japan. Boston, Oct. 6.The International Peace congTess has adopted resolutions calling upon Russia and Japan to end the present war and upon the signatory powers of The Hague convention ta press upon the governments of Russia and Japan the importance of putting an end to the strife. Commission Merchant Fails. Chicago, Oct. 6.F. E. Roberts, produce commission dealer, filed a pe tition in bankruptcy during the day. Liabilities were scheduled at $268,000 and assets at $4,500. The failure was attributed to. unaucjcessfjaLaBeculation,, MINNESOTA HISTORICAL SOCIETY. WWW' POSITIVELY GoingoutofBusiness A $20,000 stock of Clothing, Gent* Fnrnishing Goods, Hats, Caps and Shoes to be closed out Regardless of Cost. Oar stock consists of the finest and most up-to-date goods manufactured, such as the KaufrnanL Clothes Best ready46-wear clothing on the market. Known for its style and fit which can not be excelled. -THE FAMOUS- Walk-Over Shoes, Patterson Hats AND THE FINEST LINE O Furnishing Goods EVER SHOWN, AND OTHER LINES TOO NUMEROUS TO MENTION. Lon't fail to take advantage of this great opportunity, while stock is complete, as this is positively a bona fide closing out sale. Store will be open for business Saturday,* October 8, at10:00 a.m. Palace Clothing Store Bemidji, Minnesota. SUCCUMBS TO HIS ILLNESS POSTMASTER GENERAL HENRY C. PAYNE PASSES AWAY IN WASHINGTON. Washington, Oct. 6. Henry C. Payne, postmaster general of the United States, a member of the na tional Republican committee, a stal wart of his party, with the history of which both in his home state and na tionally he has been identified for many years, died at his apartments at the Arlington hotel at 6:10 p. m., aged sixty years. The death of the postmaster general came as a result really of a succes sion of sinking spells due to a weak heart that enfeebled the sick man un til finally the heart literally gave out. Mr. Payne had been in poor health for at least two years, but his last ill ness covered only seven days, an at tack of heart trouble last week pre cipitating the end at a time when, after a rest, he seemed to have re covered a small measure of his vital ity, impaired by years of arduous la bor. Death came after nearly six hours of unconsciousness. Funeral services will be held at St. John's Episcopal church, this city, next Friday morning, and at 3:15 that aft ernoon the body will be taken to the Pennsylvania railroad station and placed aboard the private car of Pres ident A. J. Earling of the Chicago, Mil waukee and St. Paul railroad and will proceed to Milwaukee. The remains should-arrive at Mil waukee Saturday evening and services will be held next Sunday at All Saints' Episcopal church there. Interment will be at the Forest Home cemetery, Milwaukee. ^*S= .V^^i^'"'CE*:' wm ^'C ----^"^v^- The Pioneer Prints MORE NEWS than any other news paper between Daluth and Crookston. St- Paul and the North Pole. TEN CENTS PER WEEK ACTING POSTMASTEER GENERAL. President Designates First Assistant Robert J. Wynne. Washington, Oct. 6. President Roosevelt has formally designated First Assistant Postmaster General Robert J. Wynne as acting postmaster general. NEW SCALE OF_ WAGES. Cut of 20 to 40 Percent at Joliet (III.) Steel Plant. Joliet, 111., Oct. 6.A new schedule of wages and readjustment of working hours was put in force at the Joliet plant of the United States Steel com pany during the day. The scale has been accepted by the workmen in Jol iet and the departments are all run ning. The reduction in wages amounts to from 20 to 40 per cent and several important departments' working time has been increased from an eight-hour day to a twelve-hour day. Steel blow ers who formerly received $300 per month will receive no more than $200 under the new scale. M'CLELLAN TAKES ACTION, Removes New York City Civil Service Commission. New York, Oct. 6.Mayor McClellan has removed the entire civil service commission. Park Commissioner Will iam P. Schmitt of the Bronx also was dismissed. The removals were made on charges preferred by the Civil Service Reform association that the officials removed had been in collusion in certifying to illegal payrolls in the park department. 'W5J8 -y-i- A! 'AT i1 .3 TS-*^ -TS "3. -"viS9 a^V \i"^% Death Blow to Bull Fighting. Madrid, Oct. 6.The Institute of So cial Reforms, after a heated discus sion, decided by 13 votes to 8, to ratify the absolute prohibition of Sunday bull fights. This is considered to be th*. death blow to bull fighting in Spain.